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AJAY MOHAN GOEL
Cholamandalam MS GIC Ltd. – Appellant
Versus
Deepak Kumar – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this application, a prayer has been made for condonation of delay in filing the appeal. As per the report of the Registry, the appeal is barred by 3 years, 4 months and 8 days of delay.
2. Reply to the application has been filed.
3. Learned counsel for the applicant has submitted that the delay in filing the application is bona fide and not intentional. By drawing the attention of the Court to the averments made in the application learned counsel has submitted that the reasons mentioned therein demonstrate that the delay in filing the application was not at all intentional and it was for reasons which were beyond the control of the applicant. Accordingly, he prayed that the application be allowed and delay in filing the appeal be condoned.
4. The prayer is seriously opposed by the learned counsel appearing for the non-applicant. They submit that the delay besides being inordinate, has gone totally unexplained in the application for the reason that the reasons assigned therein cannot be said to constitute a bona fide ground so as to condone such a huge delay. Accordingly, they have submitted that as the application is without any merit, the same b
The court emphasized that the delay in filing an appeal must be satisfactorily explained and that the party seeking condonation of delay must approach the court with clean hands.
Point of law: claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. T....
The importance of explaining each day's delay in seeking condonation, the generation of vested rights by time-barred appeals, and the need to advance substantial justice.
The decisive factor in condonation of delay is the sufficiency of a satisfactory explanation, and diligence and commitment are crucial in filing appeals, especially in cases related to compensation f....
The court determined that internal miscommunication within the insurer does not justify a delay of over 300 days in filing an appeal, emphasizing statutory obligations to act with diligence.
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